[Federal Register: July 17, 2009 (Volume 74, Number 136)]
[Rules and Regulations]
[Page 34696-34697]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy09-5]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[FWS-R7-SM-2008-0101; 70101-1335-0064L6]
Subsistence Management Regulations for Public Lands in Alaska;
Makhnati Island Area
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Final rule; correction.
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SUMMARY: This document corrects 36 CFR 242.3 and 50 CFR 100.3 of the
subsistence management regulations for public lands in Alaska, subpart
A, Makhnati Island Area, which were published in the Federal Register
of August 24, 2006. That rule, which became effective September 25,
2006, inadvertently omitted 190 acres of the Makhnati Island Area in
the regulatory text.
DATES: This correction is effective July 17, 2009.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of
Subsistence Management; (907) 786-3888. For questions specific to
National Forest System lands, contact Calvin H. Casipit, Subsistence
Program Leader, USDA--Forest Service, Alaska Region, (907) 586-7918.
SUPPLEMENTARY INFORMATION: On August 24, 2006, the Secretaries of
Agriculture and the Interior published a final rule (71 FR 49997) that
revised jurisdiction of the Federal Subsistence Management Program by
adding submerged lands and waters in the area of Makhnati Island, near
Sitka, Alaska. That rule, which became effective September 25, 2006,
inadvertently omitted 190 acres of the Makhnati Island Area which was
withdrawn for use by the Federal Government in Executive Order 8216
(July 25, 1939). Executive Order 8216 was not rescinded until after
statehood, so the submerged land did not transfer to the State at
statehood. Since this submerged land is not included in any other
withdrawal, reservation, or administrative set aside, the marine
submerged lands, including any filled lands owned by the United States,
are under the administration of the Bureau of Land Management and are
included within the jurisdiction of the Federal Subsistence Management
Program.
Because this rule relates to public lands managed by an agency or
agencies in both the Departments of Agriculture and the Interior,
identical text is incorporated into 36 CFR part 242 and 50 CFR part
100.
Administrative Procedure Act
We find good cause to waive notice and comment on this correction,
pursuant to 5 U.S.C. 533(b)(3)(B), and the 30-day delay in effective
date, pursuant to 5 U.S.C. 553(d). Notice and comment are unnecessary
because this correction is a minor, technical change in the description
of the area already under Federal jurisdiction. The substance of the
regulations remains unchanged. Therefore, this correction is being
published as a final rule and is effective upon publication.
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
0
Accordingly, we amend title 36, part 242, and title 50, part 100, of
the Code of Federal Regulations as follows:
PART ----------SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS
IN ALASKA
0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100
continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
0
2. Amend Sec. ----.3 by revising paragraph (b)(5) as follows:
[[Page 34697]]
Sec. ------.3 Applicability and scope.
* * * * *
(b) * * *
(5) Southeastern Alaska--Makhnati Island Area: Land and waters
beginning at the southern point of Fruit Island, 57[deg]02'35'' north
latitude, 135[deg]21'07'' west longitude as shown on United States
Coast and Geodetic Survey Chart No. 8244, May 21, 1941; from the point
of beginning, by metes and bounds; S. 58[deg] W., 2,500 feet, to the
southern point of Nepovorotni Rocks; S. 83[deg] W., 5,600 feet, on a
line passing through the southern point of a small island lying about
150 feet south of Makhnati Island; N. 6[deg] W., 4,200 feet, on a line
passing through the western point of a small island lying about 150
feet west of Makhnati Island, to the northwestern point of Signal
Island; N. 24[deg] E., 3,000 feet, to a point, 57[deg]03'15'' north
latitude, 134[deg]23'07'' west longitude; East, 2,900 feet, to a point
in course No. 45 in meanders of U.S. Survey No. 1496, on west side of
Japonski Island; southeasterly, with the meanders of Japonski Island,
U.S. Survey No. 1,496 to angle point No. 35, on the southwestern point
of Japonski Island; S. 60[deg] E., 3,300 feet, along the boundary line
of Naval reservation described in Executive Order No. 8216, July 25,
1939, to the point beginning, and that part of Sitka Bay lying south of
Japonski Island and west of the main channel, but not including
Aleutski Island as revoked in Public Land Order 925, October 27, 1953,
described by metes and bounds as follows: Beginning at the southeast
point of Japonski Island at angle point No. 7 of the meanders of U.S.
Survey No. 1496; thence east approximately 12.00 chains to the center
of the main channel; thence S. 45[deg] E. along the main channel
approximately 20.00 chains; thence S. 45[deg] W. approximately 9.00
chains to the southeastern point of Aleutski Island; thence S. 79[deg]
W. approximately 40.00 chains to the southern point of Fruit Island;
thence N. 60[deg] W. approximately 50.00 chains to the southwestern
point of Japonski Island at angle point No. 35 of U.S. Survey No 1496;
thence easterly with the meanders of Japonski Island to the point of
beginning including Charcoal, Harbor, Alice, Love, Fruit islands and a
number of smaller unnamed islands.
* * * * *
Dated: July 2, 2009.
Ken Salazar,
Secretary of the Interior, Department of the Interior.
Dated: June 1, 2009.
Dennis E. Bschor,
Regional Forester, USDA-Forest Service.
[FR Doc. E9-17052 Filed 7-16-09; 8:45 am]
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